Section 12 in The Gujarat Sick Textile Undertakings (Nationalisation) Act, 1986
12. Employment of certain employees to continue.
(1)Every person who is a workman within the meaning of the Industrial Dispute Act, 1947 (14 of 1947), and has been, immediately before the appointed day, employed in the sick textile undertaking shall become, on and from the appointed day, an employee of the Corporation, and shall hold office or service in the Corporation with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such sick textile undertaking had not been transferred to, and vested in, the Corporation, and shall continue to do so unless and until his employment in the Corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Corporation.(2)Every person who is not a workman within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), and who has been, immediately before the appointed day, employed in the sick textile undertaking shall, in so far as such person is employed in connection with the sick textile undertaking which has vested in the Corporation, become, as from the appointed day, an employee of the Corporation and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held the same under the sick textile undertaking if it had not vested in the Corporation and shall continue to do so unless and until his employment in the Corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Corporation.(3)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the transfer of the services of any officer or other person employed in the sick textile undertaking to the Corporation shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.(4)Where, under the terms of any contract of service or otherwise, any person whose services are liable to be terminated or whose services are liable to be transferred to the Corporation by reason of the provisions of this Act is entitled to any arrears of salary or wages or any payment for any leave not availed of or of other payment, not being payment by way of gratuity or pension, such person may except to the extent such liability of payment as has been taken over by the State Government or the Corporation under sub-section (2) of section 7 enforce his claim against the owner of the sick textile undertaking but not against the State Government or the Corporation.
